Lifchez v. Hartigan
United States District Court for the Northern District of Illinois
735 F. Supp. 1361, aff'd 914 F.2d 260 (1990), cert denied sub nom Scholberg v. Lifchez, 498 U.S. 1069 (1991)
- Written by Denise McGimsey, JD
Facts
An Illinois criminal statute made it a Class A misdemeanor to “sell or experiment upon a [human] fetus … unless such experimentation is therapeutic to the fetus.” The statute expressly excluded in vitro fertilization from its prohibition. A class of doctors specializing in reproductive endocrinology and fertility treatment led by Dr. Lifchez (plaintiffs) challenged the constitutionality of the law in a declaratory-judgment action against the Illinois Attorney General and Cook County State’s Attorney (defendants). The trial court considered the matter.
Rule of Law
Issue
Holding and Reasoning (Williams, J.)
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